The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), allows Canadian and Mexican professionals to work in the U.S. temporarily. But what if you want to bring your spouse and children with you?
Thankfully, the U.S. immigration system provides a solution: the TD visa. This dependent visa allows immediate family members of TN visa holders to legally reside in the U.S. for the same duration as the principal worker. This post explains who qualifies, how to apply, and what your family can and cannot do under TD status.
What Is TD Status?
TD (Trade Dependent) status is a nonimmigrant classification reserved for the spouse and unmarried children (under age 21) of individuals in TN status. It’s available to both Canadian and Mexican family members, though the application process differs slightly depending on nationality.
Key Features of TD Status:
- Tied directly to the principal TN visa holder’s status and validity
- Does not allow employment in the U.S.
- Permits study (full-time or part-time) without a separate student visa
- Valid for the same period as the TN visa holder (up to 3 years, renewable)
Who Can Qualify for TD Status?
Only the legal spouse and unmarried minor children (under 21) of a TN visa holder are eligible. Extended family, fiancés, common-law partners, or adult children do not qualify.
You must be able to show:
- A valid TN visa or TN status
- Proof of the family relationship (e.g., marriage certificate, birth certificate)
- Intent to remain in the U.S. temporarily
How to Apply for TD Status
For Canadian Citizens (No Visa Required):
Canadian spouses and children do not need a visa to enter the U.S. under TD status. Instead, they can apply directly at a U.S. port of entry or preclearance airport with:
- Proof of Canadian citizenship (passport)
- Proof of relationship to the TN visa holder (e.g., marriage certificate, birth certificate)
- A copy of the TN visa holder’s I-94 record or employment letter
Tip: It’s helpful for TD applicants to travel with the TN holder when possible, especially during initial entry.
For Mexican Citizens:
Mexican family members must apply for a TD visa at a U.S. consulate before entering the U.S. Required documents typically include:
- Valid Mexican passport
- Proof of relationship (certified marriage/birth certificates)
- A copy of the TN holder’s approval notice (if already in the U.S.) or job offer letter
- Visa application forms and payment (DS-160, visa fee)
Once the TD visa is issued, they may enter the U.S. at a port of entry with their documents and join the TN visa holder.
Extending or Maintaining TD Status
- TD status is typically granted for the same period as the TN visa.
- If the TN holder extends their status, TD dependents must do the same, either by:
- Traveling abroad and re-entering, or
- Filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS from inside the U.S.
Important: If the TN visa holder loses status or changes immigration categories, the TD status is also affected.
Can TD Dependents Work or Study?
- Employment: TD visa holders are not authorized to work in the U.S. They cannot apply for a work permit (EAD). If they wish to work, they must change to a status that permits employment (e.g., H-1B, TN, F-1 with OPT).
- Study: TD dependents can study full-time or part-time at U.S. institutions without needing to switch to an F-1 student visa.
Tips for a Smooth Process
- Ensure all documents proving family ties are official and translated (if not in English)
- Keep copies of the TN holder’s I-94, employment letter, and visa stamp
- For consular processing, schedule appointments early, especially during peak travel times
- Use original certificates (not photocopies) when attending interviews or border crossings
Conclusion
Bringing your family with you while working in the U.S. on a TN visa is absolutely possible through TD status, but the process varies based on your family’s citizenship. Canadian dependents have a more streamlined path at the border, while Mexican dependents must obtain visas at a consulate.
Understanding the rules, preparing the right documents, and maintaining lawful status can help ensure your family enjoys a safe and legal stay in the U.S. while you work under TN status.
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We Can Help!
If you have questions regarding TN Visas or U.S. immigration, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
